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Scribd Uploader Agreement

Jason
posted this on May 30, 2013 12:47 PM
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*PLEASE READ THIS UPLOADER CONTENT AGREEMENT (“AGREEMENT”) CAREFULLY
BEFORE UPLOADING CONTENT (“USER CONTENT”) TO BE MADE AVAILABLE TO
SCRIBD USERS VIA THE SCRIBD PLATFORM, FOR FREE OR FOR A CHARGE AT YOUR
DESIGNATION.*
*IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT UPLOAD, PUBLISH OR
DISTRIBUTE, USER CONTENT ON THE SCRIBD PLATFORM.*
*1. ELIGIBILITY*
In order to upload User Content to Scribd, You must: (i) register for an
account on the Scribd Platform (Your “*Scribd Account*”); (ii) be at
least 18 years of age (or the age of majority in your state of residence
if it is other than 18) and, if You are uploading User Content to
Scribd on behalf of an organization, You must be an authorized
representative of such organization with the authority to bind such
organization to these terms and agree to these terms on behalf of such
organization; and (iii) Your Scribd Account must be active and in good
standing (among other things, this means that Your account cannot be
restricted or suspended.).Scribd reserves the right to refuse
participation to any applicant or participant at any time in its sole
discretion.
*2. INCORPORATION BY REFERENCE*
The following additional Scribd terms, policies, and guidelines are
expressly incorporated herein and form a binding part of this Agreement
as if reproduced fully herein:
1. Scribd Privacy Policy

copy. fully paid-up. PROHIBITED USES* Your authorization to use the Scribd Platform for the uploading and distribution of User Content is subject to the following restrictions: (i) You may not share. Notwithstanding anything to the contrary herein. monetize. or amend the same at all times. Whether your content is uploaded under the free access or paid access terms. profit from. transferable. *6. you grant Scribd the right to restrict access to view or to download your content (for example. without . including an immediate suspension of Your account or termination of this Agreement. AUTHORIZATION TO UPLOAD* Subject to Your full and timely compliance with all of the terms and conditions set out in this Agreement. Scribd API Terms of Service <http://support. assignable. create derivative works from. Scribd hereby authorizes You to use the Scribd Platform for the uploading and distributing of authorized digital content.com/entries/25460-API-Terms-of-Service> *3. restrict access to view. compress or convert for distribution.* Scribd will solely control the Scribd Platform and all features and functionality thereof and will have the right to modify. in its sole discretion. change. redistribute. or engage in any action or practice that disparages or devalues Scribd’s reputation or goodwill. User Content is uploaded at Your own risk. and otherwise exploit Your User Content. Scribd does not guarantee that there will be no unauthorized copying or distribution of User Content nor will Scribd be liable for any unauthorized copying or usage of the User Content. media. license (with the right to grant and authorize sublicenses) to host. restrict access to download. GRANT OF LICENSE TO SCRIBD IN USER CONTENT* By uploading User Content via the Scribd Platform. Scribd Terms of Use <http://scribd. non-exclusive. at its sole discretion. modify. advertise against. Scribd reserves the right to remove or delete any particular piece of User Content from the Scribd Platform at any time. *5. perform.<http://support.com/terms> 3. *4.scribd. charge money for. display. including electronic documents (“User Content”).scribd. in any media formats and through any media channels. reproduce. or any other agreement between Scribd and Yourself. Such license will apply to any form. without cause and without notice to You. CERTAIN RIGHTS OF SCRIBD. or otherwise exploit any User Content purchased on or through the Scribd Store other than as permitted by Scribd. resell. you hereby grant to Scribd a worldwide. reconfigure. or (ii) You may not act in any way that violates any guidelines. distribute. royalty-free.com/entries/25580-Privacy-policy> 2. adapt. in order to publish and promote such User Content in connection with services offered or to be offered by Scribd. or technology now known or hereafter developed. and the pursuit of all available civil or criminal remedies. You acknowledge that any attempted or actual violation of any of the foregoing is a material breach of this Agreement and that Scribd may pursue any and all applicable legal and equitable remedies against You. transfer.

Notwithstanding the foregoing. retain indefinitely a copy of any User Content for archival purposes. or prior notice to You. you may terminate this grant of license to Scribd as to any specific piece of User Content by removing or deleting that piece of User Content from the Scribd Platform. documentation or other materials relating to the Scribd Platform. non-exclusive. license to view. 10. CONFIDENTIALITY* You agree not to disclose the Confidential Information of Scribd without Scribd’s prior written consent. but subject to download restrictions either made by Scribd or by you). *8. subject to certain configuration options provided to you by Scribd. download to a portable device. *9. whether orally or in writing. at its discretion and without cause. without limitation. TERM AND TERMINATION. *7. GRANT OF LICENSE TO OTHER SCRIBD USERS* By uploading User Content via the Scribd Platform. and provided further that Scribd may.* 10. a license to view a limited Preview of your content. provided. or suspend Your Scribd upload privileges at any time. that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Scribd Platform survive any termination or expiration of the license granted in this section 7.1 *Term*. You retain all of Your ownership rights in User Content uploaded and owned by You. however. and (c) any other information designated by Scribd as "confidential" or an equivalent designation.g. Subject to the terms and limitations set forth herein. Scribd may. print and have printed such User Content for personal use in the manner contemplated by this Agreement and the Scribd Platform. You may accurately disclose the amount of Scribd’s gross payments to You. technology. specifications..2 *Termination*. You may terminate this Agreement by providing Scribd with written . You hereby grant to each such User at least a limited. that it is understood and agreed that Scribd may retain a copy of any User content as necessary to make it available to any other user who has paid for that access. but is not required to. guidelines. to paying users) and to charge users for access to your content. For the purposes of this section. free access or paid access). as specified by your document preview settings. you hereby grant to each User who is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content (e. If your content is uploaded under a paid access model. liability.The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Scribd Platform provided. The term of this Agreement will begin on the date You upload Your User Content and will continue until terminated in accordance with the provisions set forth in this Section 10 (the “*Term*”). Your Scribd Account. (b) rates or statistics relating the Scribd Platform. immediately terminate this Agreement. “*Confidential Information*” includes without limitation: (a) software. you additionally grant to all Users (including Users not authorized to access the content). *10. however.limitation. download (including. RESERVATION OF RIGHTS* Subject to the licenses granted herein.

Scribd expressly disclaims any warranty that the security measuresused to protect User Content used by Scribd herein will be effective. YOUR REPRESENTATIONS AND WARRANTIES* You are solely responsible for Your User Content and the consequences of uploading and publishing them. should survive will survive such termination or expiration.* If You choose to remove or delete Your User Content from the Scribd Platform it will not be available to Users following the date of such removal or deletion (the “*Deletion Date*”). or libel any other party. By uploading and publishing Your User Content.notification of intended termination through electronic mail at support@scribd. rights.Scribd may permit those Users that purchased Your User Content prior to the Deletion Date to continue to have access to Your User Content after the Deletion Date. Users who have downloaded offline copies of Your User Content (including. worms. releases and permissions to use and to authorize Scribd and Scribd’s Users to use Your User Content in the manner permitted herein. display.com> This Agreement will be deemed terminated by You fifteen (15) business days after Scribd’s receipt of such notification. 10. by its nature or express terms. (vi)Your User Content is free of any digital rights management. Scribd . (iv) You have not entered into any other agreement that is in conflict with the terms of this Agreement. Additionally. Notwithstanding the foregoing or anything else to the contrary in this Agreement. 10. SCRIBD DISCLAIMER OF WARRANTIES* In addition to the warranties disclaimed in the Scribd Terms of Use. (ii) You are the creator and owner of or have the necessary licenses. consents. violate any other party’s publicity rights or trade secret rights. may continue to access that content. host. adware.* Upon termination of this Agreement. spyware.4 *Retiring User Content. (v) Your User Content does not contain any viruses.3 *Effect of Termination. You represent and warrant that: (i) all of the information that You provide to Scribd under this Agreement is current and accurate. (iii) Your User Content does not and will not slander.com. . without limitation to Scribd’s Mobile Applications). (vii) no claim has been asserted nor have any proceedings been instituted by any third party against You or Your predecessors in title for the infringement of intellectual property rights in Your User Content. and Scribd may continue to reproduce. be obscene. or other malicious code. *11. defame. including any software designed to limit the number of times User Content may be copied or played. <mailto:support@scribd. any provision which. and *12. and otherwise use such User Content as necessary to enable such access. or otherwise unlawful.

regulations and restrictions. RELATIONSHIP OF THE PARTIES.makes no assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks.S. or an employee-employer relationship. and nothing herein contained shall give. You can send us an email at support@scribd.com <https://www. including any official Department of Defense documents. No other measurements or statistics of any kind shall be . disablements or other circumvention of such security measures.2 *Payments*. Relevant U. Rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity.html> and the Commerce Department’s Export Administration Regulations. you have the option to make it available for free to Scribd Users or to make it available for sale.pmddtc.gov/regulations_laws/itar.bis. *13.com/>).gov/policiesandregulations/index. *14. CUSTOMER SERVICE* For assistance with questions regarding this Agreement. Payment shall be calculated solely based on records maintained by Scribd. In order to purchase User Content on or through the Scribd Store.25 per sale for credit card fixed costs together with any credits for refunds or chargebacks as may be authorized herein. Responses to emails will be provided as soon as possible. *15. AND FEES AND COMPENSATION. 16. REMEDIES CUMULATIVE* The parties are independent contractors with respect to each other. CONTENT FOR SALE. if a User purchases Your User Content on or through the Scribd Store. <http://www.paypal. Your rights under these Terms are contingent on Your compliance with this provision. *16.state.1 When uploading User Content to the Scribd Platform.com that is not authorized for public release under the applicable laws. UNITED STATES EXPORT CONTROLS* You shall not at any time upload any User Content that requires licenses or authorizations from any Government agencies.* 16. any rights of any kind to any third parties.paypal. FREE CONTENT. It is your responsibility to ensure that you comply with these laws and do not post any item on Scribd. If you choose to make it available for sale via the Scribd Platform you may set the price you would like to receive from Scribd Users to access Your User Content via the Scribd Platform as described herein. a User must possess either a valid credit card or a PayPal account (https://www. No party shall have any right to obligate or bind any other party in any manner whatsoever.com that have not been authorized for public release by the appropriate Government agency. This Agreement does not constitute and may not be construed as constituting a partnership or joint venture among the parties hereto.com <mailto:support@scribd. provided however that Scribd may deduct from the payments to be provided pursuant this Section $0.htm#ear> You shall not post any ITAR-controlled technical data and other applicable information.com>. Scribd will remit to You eighty percent (80%) of the price set by you. regulations include but are not limited to the State Department’s International Traffic in Arms Regulations <http://www. on Scribd. or is intended to give. Subject to the deductions and withholdings set forth in this Agreement.doc.

The right to receive payments made under this Agreement to You may not be transferred or in any manner passed on to any third party by You. payments due. Scribd reserves the right. You will need to complete and return via fax or mail an IRS Form W-9 (Request for Taxpayer Identification Number and Certification). as long as you have provided valid payment information. Taxpayers*. You have reviewed with Your own tax advisors the U. Scribd reserves the right to charge back Your account for any payments otherwise due you as a result of sales of your User Content if You breach this Agreement (pending Scribd s reasonable investigation of any breach of this Agreement by You).S. If You are a U. local or foreign tax law or any applicable legal requirement. you will indemnify Scribd as provided in Section 13 of the Scribd Terms of Use and payments to you will be suspended until the claim is resolved. You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. required to be collected or paid in connection with the transactions contemplated by this Agreement and You shall indemnify Scribd against any and all such Taxes.S. Reporting of accrued amounts.S. To the extent such amounts are so deducted or withheld. state. such amounts shall be treated for all purposes under this Agreement as having been paid to the person to whom such amounts would otherwise have been paid. Any payments to You hereunder shall be sent by Scribd within approximately thirty (30) days after the end of each calendar quarter. taxpayer and receive payments from Scribd of $600 or more in a tax year.6 *Tax Matters*. state.S. If You are a non-U.S. 16. In addition. any sales or use taxes. it is Your responsibility to report such payments to the IRS. In the event the Agreement is terminated. or based on a result of any breach of this Agreement by You. Taxpayers*.3 *Express Exemptions. You are relying solely on such advisors and not on any statements or representations of Scribd or any of its agents. Scribd shall be entitled to deduct and withhold from any payments pursuant to this Agreement in such amounts as may be required to be deducted or withheld therefrom pursuant to any provision of U. local and foreign tax consequences of the transactions contemplated by this Agreement. 16. You are solely responsible for determination and payment of any U.6 *U.5 *Reporting*. Scribd shall pay Your remaining earned balance to You within approximately ninety (90) days after the end of the calendar quarter in which the Agreement is terminated. If Scribd owes You less than $20 for sold User Content within a given quarter. federal. to roll Your revenue forward to the following quarter until $20 is reached. 16. taxpayer and receive .accepted by Scribd or have any effect under this Agreement. and charge backs against Your account is available via Your account online.7 *Non-U. 16.4 *Chargebacks*. If requested by Scribd. Scribd reserves the right to withhold payment due to You for any amounts that Scribd decides to repay to Users in the event that Your User Content is removed from the site as provided herein.S. If You receive payments from Scribd of less than $600 in a tax year. but not limited to. at its discretion. local or foreign taxes including.* Scribd shall not be liable for any payment if Your account information is not valid or up-to-date. 16. In the event of a breach of the representations or warranties made by you in Section 11 above.S. federal. state. 16. Withheld Payments. federal. Scribd will issue You an Internal Revenue Service (“IRS”) Form 1099 reporting such payments.

and refundsDiscovering.2. Dispute of Payments*. If so. Tax Withholding) to Scribd and establish Your eligibility for such exemption or reduced rate of withholding. (ii) Your Scribd Account is suspended or restricted or Your access to the Scribd Platform is disabled. including any applicable guidelines. no other fees or royalties will be payable by Scribd to You under this Agreement . or the Scribd Platform Terms of Use.scribd.S. you must notify Scribd in writing within thirty (30) days of any such payment. 16. reading and sharingPublishing contentSellingScribd MobileThe PublisherTools Service edit </widgets/26500/edit> Support Software . failure to so notify Scribd shall result in the waiver by you of any claim relating to any such disputed payment. Except as expressly set forth in Section 16. (iii) You violate the API Terms of Service. *408 people found this useful. such payments shall be treated as royalty payments to You for U.com/> edit </widgets/74006/edit> Help Categories </forums> * *General Info </categories/20005936-General-Info>* * *Using Scribd </categories/20056293-Using-Scribd>* * *Partners </categories/20051973-Partners>* Search AnnouncementsTerms and PoliciesCommunityCopyright and DMCAAbout ScribdYour accountPurchases. above.* .*Me too!* </login?return_to=http%3A%2F%2Fsupport. subscriptions. Scribd may change its pricing and/or payment structure at any time.payments from Scribd. federal income tax purposes and subject to withholding tax in an amount equal to 30% of such payment. 16.8 *No Other Fees. If you dispute any payment made under the Scribd Store. in connection with the Scribd Store. Scribd reserves the right to withhold payment from You if (i) Your User Content is removed by Scribd for any reason.S. You must complete and submit a signed Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for U.9 *Withholding Payments.com%2Fentries%2F23993792-Scribd-Up loader-Agreement> *Topic is closed for comments* Return to Scribd <http://www. You may be eligible for an exemption or for a reduced rate of withholding pursuant to an applicable tax treaty. or the provision of other materials or services under this Agreement. Special Circumstances*. or (iv) Your User Content is the subject of allegations of infringement or other violations of law or the rights of third parties.scribd.

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